Section 91 Trade Marks Act 1999 prescribed APPEALS to the Intellectual Property Appellate Board (IPAB). After the Tribunals Reforms Act, 2021:
Aappeals continue to lie to the IPAB as the appellate body for trade marks
Bappeals lie directly to the Supreme Court under Article 136 of the Constitution
Cappeals lie to the National Company Law Appellate Tribunal (NCLAT) in trade mark matters
Dthe IPAB has been ABOLISHED — appellate jurisdiction has been transferred to the HIGH COURTS
Answer & Solution
Correct answer: D. the IPAB has been ABOLISHED — appellate jurisdiction has been transferred to the HIGH COURTS
1. Originally, Section 91 Trade Marks Act 1999 created the Intellectual Property Appellate Board (IPAB) to hear appeals from the Registrar.
2. The Tribunals Reforms Act, 2021 (Act 33 of 2021) ABOLISHED the IPAB (along with several other tribunals) effective 04-04-2021.
3. The appellate jurisdiction was transferred to the HIGH COURTS (Sections 124-130 Trade Marks Act amended).
4. The Delhi High Court constituted a dedicated IP Division (IPD) to handle IP appellate matters; other High Courts followed.
5. Hence option B is correct (the IPAB no longer exists).
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 91 (as amended by Tribunals Reforms Act 2021)_
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